Court : Gujarat
Decided on : Sep-16-1960
Reported in : AIR1961Guj57; 1961CriLJ499; (1960)GLR249
..... can be removed from his office as vice-chairman by a vote of two-thirds of the commissioners under the provisions of section 61 of the bengal municipal act, section 197, has no application to the proceedings.in our judgment it is impossible to divorce the position of the petitioner as vice-chairman from his ..... might however, be cases of emergency, and it is to provide for these emergent cases that a provision is made under section 31 of the bombay municipal boroughs act, 1925, to the effect that in case of emergency mentioned in sub-section (d) thereof it is within the power of the president to direct the ..... is necessary for the service of the public and for that purpose he has the power to direct the payment of the expenses of doing such an act from the municipal funds. prima facie, it appears, therefore, that under the provisions of section 31(d), if the president thinks that there is an emergency and ..... be deemed to be a public servant within the meaning of section 21 of the indian penal code.'7. section 18(1) of the act says as follows:'a municipality shall be presided over by a resident who shall be elected by the councilors from among their number. there shall be a vice iesident similarly ..... by mr. shah for the first opponent to another supreme court case reported in air 1960 sc 286, satwant singh v. state of punjab, wherein it was held that the act must bear such relation to the duty that the public servant could lay a reasonable but not a pretended or fanciful claim, that he .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-27-1960
Reported in : AIR1960Guj34; 1960CriLJ1582; (1960)GLR119
..... appointed him by name. the prosecution relied merely on the fact that shri bhatt had been appointed by the sanitary committee of the surat borough municipality, as acting officer-in-charge of their public health laboratory. shri s. s. bhatt cannot, therefore, he regarded as public analyst, and the certificate given ..... sessions judge also observed that the stage government had not delegated the power of appointing public analyst to the sanitary committee of the surat borough municipality, and he therefore came to the conclusion that the report ex. 5 of the public analyst could not be considered in evidence. as regards ..... appointing shri bhatt as officer-in-charge of public health laboratory was made by the sanitary committee of the surat municipality and not by the state government. section 8 of the act requires that public analysts should be appointed by the state government. the state government has not delegated its powers ..... as public analyst. in this case, the state government has appointed the officer-in-charge of the public health laboratory surat borough municipality, without specifying the name of the officer in charge. no provision has been pointed out, which requires that the officer-in-charge of public ..... appendix. appendix b to the rules prescribes that buffalo milk shall contain not less than 5.0 per cent of milk fat except in delhi, punjab, peeps, uttar pradesh, bihar, west bengal, assam, bombay and saurashtra where it shall be not less than 6 per cent. the milk solids .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-20-1960
Reported in : AIR1960Guj19
..... harkor and that some of the loans were granted in contravention of the relevant rules of the institution runs by the municipality. acting on these allegations, the collector of baroda decided to issue a notice against respondent no. 1 to show cause why he should not be disqualified ..... by the decision of the collector and he concedes that that expression will include the petitioner, he concedes that if an order favourable to the municipal councilor had been made in the present proceedings by the collector, the petitioner would have a right of preferring an appeal to the state government ..... proceedings inter parties; that those proceedings are initiated before the collector not to vindicate any private or individual right, but to ensure the purity of municipal administration and that if any order happens to be passed in such proceedings, the ordinary citizen, even though he may be a voter is ..... that it had violated a fundamental principle of natural justice. respondent no. 1, manilal purushottam solanki, is a councilor of the baroda borough municipality, (hereafter called the municipality). petitioner is a resident of baroda and lames to be a voter in the ward from which respondent no. 1 has been elected as a ..... the rule of natural justice does not apply at the stage of appeal proceedings. this question arose for decision in board of education v. rice, 1911 ac 179. lord lore burn in delivering the judgment laid down that, 'in disposing of a question which was the subject of an appeal to .....Tag this Judgment!